The Private Security and the Uniform System of Cross-Border (Security) of Transport of Cash between euro-area Member States

  • Ljubomir Stajić
  • Goran Mandić Univerzitet u Beogradu, Fakultet bezbednosti, vanredni profesor
  • Nenad Radivojević Univerzitet u Novom Sadu, Pravni fakultet u Novom Sadu
Keywords: private security, harmonization, cash-in-trasit, cross-border road transport of euro cash, European Union.

Abstract


With the creation of the European Union (EU), the signing of the Maastricht Agreement, the introduction of the single market and freedom of movement of labor and the introduction of the euro as a common currency, the problem of cross-border road transport of cash and valuables between eurozone members arose. This is because almost all EU member states had more or less different solutions and practices for this type of transport. The EU tried to solve the problem by adopting Regulation No. 1214/2011 on professional cross-border road transport of cash between euro-area Member States. The mentioned Regulation successfully solved many problems related to this issue, such as: issuance of appropriate permits (licences), maximum duration of delivery, rights and obligations of teams, necessary knowledge and skills of security staff, carrying weapons in the host country, type and equipment of vehicles, mutual information, etc.

Although the intention was to establish a unified system of cross-border money transport, in addition to significant progress in the functioning of private security, it can be said that because some countries have retained their specifics, a unified system with the same rules has not been fully established.

The paper presents and deals with the advantages and disadvantages of a single system (securing) of cross - border transport of cash under the said Regulation. The Republic of Serbia, as a country on the path to EU membership, has a special interest in getting to know and preparing in time for the harmonization of its legal solutions and practices which regulate the mentioned area (activity) of private security.

References

1. Applicable Transport Arrangements in the euro-area Member States (Article 13(5)) and in Andorra, Monaco, San Marino and the Vatican, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C:2017:139:FULL&from=SV.
2. Host authorities to be notified on national transport arrangements Article 11(7), https://ec.europa.eu/info/sites/info/files/economy-finance/cash_in_transit_-_article_11-7.pdf.
3. National authorities granting CIT licences in the euro-area Member States - Article 11(2), https://ec.europa.eu/info/sites/info/files/economy-finance/overview_national_authorities_granting_cit_licences_0.pdf.
4. National rules on the role of national police forces and the security of the cash delivery/pick-up locations as wells as information on homologated IBNS Article 11(1), https://ec.europa.eu/info/sites/info/files/economy-finance/cash_in_transit_-_article_11-1.pdf.
5. Regulation (EU) No 1024/2012 of the European Parliamanet and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02012R1024-20190216.
6. Regulation (EU) No 1024/2011 of the European Parliamanet and of the Council of 16 November 2011 on the professional cross-border transport of euro cash by road between euro-area Member States, https://eur-lex.europa.eu/eli/reg/2011/1214/oj.
7. Report from the Commission to the European Parliament and the Council on the implementation of Regulation (EU) No 1214/2011 of the European Parliament and of the Council of 16 November 2011 on the professional cross-border transport of euro cash by road between euro-area Member States pursuant to article 26 of this Regulation, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52017DC0005&qid=1604402401370#footnote34.
8. Report on private security companies (2016/2238(INI)), Committee on Foreign Affairs, European Parliament, A8-0191/2017, 17.5.2017, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52017IP0289.
9. Specific training requirements for CIT security staff Article 11(4), https://ec.europa.eu/info/sites/info/files/economy-finance/cash_in_transit_-_article_11-4.pdf.
10. Single central national CIT contact points Article 11(5), https://ec.europa.eu/info/sites/info/files/economy-finance/cash_in_transit_-_article_11-5.pdf.
11. Which countries use the euro, https://europa.eu/european-union/about-eu/euro/which-countries-use-euro.
12. White paper on professional cross border transportation of euro cash by road between Member States in the euro area, https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A52009DC0214.
Published
2021/10/18
Section
Original Scientific Paper